- 1 - HC-KAR NC: 2026:KHC:5960 WP No. 3022 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 3022 OF 2026 (CS-EL/M) BETWEEN: 1. PAVITHRA, W/O RAGHAVENDRA AGED ABOUT 38 YEARS SHARE NO. 729 2. MANJULA L W/O CHIKKAVENKATESHAPPA B M AGED ABOUT 50 YEARS SHARE NO. 753 3. RATHAMMA W/O CHINAPPA K C AGED ABOUT 60 YEARS SHARE NO. 1671 ALL THE PETITIONERS ARE THE MEMBERS OF THE BORROWER CONSTITUENCY OF MALURU MULTIPURPOSE PRIMARY AGRICULTURAL RURAL CO-OPERATIVE SOCIETY LTD (DYAPASANDRA SOCIETY) MALURU TALUK KOLAR DISTRICT. …PETITIONERS (BY SRI. JAYAKUMAR S. PATIL, SR. COUNSEL FOR SRI. PATIL SUMANTH KUMAR S., ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5960 WP No. 3022 of 2026 AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-01 REPRESENTED BY ITS SECRETARY 2. THE KARNATAKA STATE CO-OPERATIVE ELECTION COMMISSION/AUTHORITY, 3RD FLOOR, TTMC, 'A' BLOCK, K.H. ROAD, SHANTINAGAR, BENGALURU 560027 REPTD. BY ITS COMMISSIONER 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLAR, KOLAR DISTRICT-563101 4. THE RETURNING OFFICER AND CO-OPERATIVE DEVELOPMENT OFFICER, OFFICE OF THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLAR DISTRICT, KOLAR-563101 5. MALURU MULTIPURPOSE PRIMARY AGRICULTURAL RURAL CO-OPERATIVE SOCIETY LTD., (DYAPASANDRA SOCIETY), MALURU TALUK, KOLAR DISTRICT-563101 REPTD. BY ITS CEO REG. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3 & R4 SRI. DEVARAJA A., ADVOCATE FOR R2) - 3 - HC-KAR NC: 2026:KHC:5960 WP No. 3022 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT THE R2 TO R5 TO INCLUDE THE NAME OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTERS LIST OF THE BORROWERS CONSTITUENCY OF THE R5 SOCIETY AND PERMIT THE PETITIONERS TO VOTE IN THE ELECTION TO THE R5 SOCIETY FROM THE BORROWERS CONSTITUENCY, WHICH IS SCHEDULE TO BE HELD ON 13.02.2026 AS PER ANNX-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioners filed this writ petition seeking the following reliefs: i)Issue a writ of mandamus directing the respondent Nos.2 to 5 to include the names of the petitioners in the final eligible voters list of the borrowers constituency of the respondent No.5 society and permit the petitioners to contest and vote in the election to the respondent No.5 society from the borrowers constituency, which is scheduled to be held on 13.02.2026 as per Annexure-D, in the interest of justice and equity. - 4 - HC-KAR NC: 2026:KHC:5960 WP No. 3022 of 2026 2. Brief facts, leading rise to the filing of this petition are as follows: 3. The present executive committee for respondent No.5 society is coming to an end in the month of February, hence, new election process has begun for the borrowers and non-borrowers constituency. The petitioners are the members of respondent No.5 society from the beginning, and they have participated in many elections before in the borrowers constituency. That the petitioners are the agriculturists and engaged in agricultural activities, few are the members from the agriculturist family, and few are dairy farmers. The petitioners are the members from borrowers constituency and they are not defaulters. Respondent No.5 society published a draft list of voters from the borrowers constituency and the names of the petitioners were found in the draft voters list of borrowers constituency. Respondent Nos.4 and 5 published the final voters - 5 - HC-KAR NC: 2026:KHC:5960 WP No. 3022 of 2026 list of the borrowers constituency, in which the petitioners names were missing. Respondent No.4 issued a calendar of events on 27.01.2026 fixing the date of election on 13.02.2026. The candidates are allowed to file nominations from 05.02.2026 to 06.02.2026. On 28.01.2026, respondent No.5 issued a final voters list of non-borrowers constituency. The petitioners belongs to borrowers constituency and without any notice to the petitioners, arbitrarily by colorable exercise of power, names of the petitioners are included in the non- borrowers voters list. Hence, the action of respondent Nos.4 and 5 is arbitrary and there is no application of mind in preparing a final voters list. The petitioners are removed from the borrowers list, which is against the provisions of the bye law of the respondent No.5 society and the petitioners valuable statutory right to vote is deprived by the arbitrary actions of the respondents in the ensuing elections - 6 - HC-KAR NC: 2026:KHC:5960 WP No. 3022 of 2026 scheduled to be held on 13.02.2026. Hence, this writ petition. 4. Heard the arguments of Sri. Jayakumar S Patil, learned senior counsel for the petitioners, and learned Additional Government Advocate for the respondents. 5. Learned senior counsel for the petitioners submits that, the petitioners are enrolled as the members of respondent No.5 society. He submits that petitioners borrowed money from the respondent No.5 society by pledging gold in the respondent No.5 society. The petitioners are not defaulters, they are the members from borrowers constituency from the beginning, and in the previous elections, the petitioners participated from the borrowers constituency of the society. The petitioners are placed in the non-borrowers list. Hence, the respondent Nos.4 and 5 have arbitrarily exercised their powers. Hence, on these grounds, he prays to allow the writ petition. - 7 - HC-KAR NC: 2026:KHC:5960 WP No. 3022 of 2026 6. Learned Additional Government Advocate for the respondents submits that there is a disputed question of fact involved in the present case. He also submits that the process of election has already been commenced and writ jurisdiction is not amenable when questioning the electoral rolls. He submits that the calendar of events has already been issued. Hence, he prays to dismiss the writ petition. 7. Perused the records, and considered the submissions of the learned counsel for the parties. 8. The petitioners are the members from borrower constituency and their names were included in the draft list of voters from the borrowers constituency. Respondent Nos.4 and 5 published voters list of borrowers constituency of respondent No.5 society in which the names of the petitioners are missing from the voters list. The petitioners filed this writ petition seeking a mandamus directing the respondents to include the names of the petitioners in the final - 8 - HC-KAR NC: 2026:KHC:5960 WP No. 3022 of 2026 eligible voters list of borrowers constituency of respondent No.5 society and permit the petitioners to franchise their votes in the election to the respondent No.5 society from borrowers constituency. 9. The Hon’ble Apex Court in the case of J.Robert vs. Ram Jethmalani reported in ILR 1990 (KAR) 1907, held that even if there is an error in preparation of electoral roll the same cannot be questioned before the High Court. As far as preparation of electoral roll, additional or deletion of names etc., are all the matters pertaining to the dispute relating to election of member etc., that any dispute relating to electoral roll cannot be entertained in the writ petition. The Hon’ble Apex Court in the case of Shaji K.Joseph Vs. V.Viswanath and others reported in (2016) 4 SCC 429, held that the High Court has no right in - 9 - HC-KAR NC: 2026:KHC:5960 WP No. 3022 of 2026 interfering with the process of election especially when the process of election had started upon. 10. Admittedly, in the instant writ petition, the dispute relates to the electoral roll. The said dispute cannot be entertained in the writ petition. The petitioners have no right to question the final electoral roll before the High Court in the writ jurisdiction. The High Court has no right in interfering with the process of election as the election process is already commenced. In view of the above discussion and considering the preposition of law laid down by the Hon’ble Apex Court in the case of J.Robert vs. Ram Jethmalani (referred supra), I do not find any grounds to entertain this writ petition. 11. Accordingly, I proceed to pass the following order: ORDER i. The writ petition is dismissed. - 10 - HC-KAR NC: 2026:KHC:5960 WP No. 3022 of 2026 ii. A liberty is reserved to the petitioners to approach the appropriate forum, if so advised. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV